Once you and your spouse realize you are incompatible, the decision to divorce can seem like a breath of fresh air. Once a couple decides to file for divorce, the end of the marriage doesn’t always mean you’re gone from each other’s lives forever. Sometimes, circumstances dictate the need for additional connection in the form of financial support. In Kentucky this is called maintenance. It can be frustrating for the spouse left making the support payments, but if your spouse cannot find a job or support themselves, it may be what’s necessary to finalize divorce proceedings.
Maintenance or alimony payment can be a source of confusion and resentment by the party who has to pay maintenance. However, the other side may desperately need maintenance in order to maintain any semblance to his/her former standard of living.
Maintenance Factors that are usually considered by a Court.
If the Court finds that the one spouse cannot support him/herself the Court will look at number of factors to determine the amount and duration of maintenance. These include:
- The financial resources of the party seeking maintenance, including any money that person received from the divorce
- The time necessary for the person to acquire the skills or education necessary to support himself.
- The Standard of Living established during the marriage.
- The duration of the marriage.
- The age, and the physical and emotion condition of the spouse seeking maintenance.
- The ability of the spouse from whom maintenance is sought to meet his or her own needs.
For the party requesting alimony, it’s important to remember that it’s usually not an open-ended payment. If the parties reach an agreement on maintenance on their own, maintenance can be either modifiable or non-modifiable. If the Court orders maintenance, it is always modifiable.
Certain situations can trigger an end or modification of maintenance. These situations can include the following, depending upon if maintenance is modifiable:
- The payor spouse has lost his or her job and can no longer afford to make the payments.
- If the party receiving maintenance remarried maintenance will almost always terminate by law.
- If the party receiving maintenance cohabitates with someone in a marriage like relationship, maintenance could terminate or be modified.
The requirement for maintenance payments in Kentucky isn’t a one-size-fits type of scenario, which is why it’s important to have legal representation available to advise you regarding how to proceed in your case.
Louis Winner, Family Law Attorney
When choosing to divorce method, you need a legal team who will help you navigate the unfamiliar waters of the legal system. Our divorce attorneys can review the details of your case and help you make the best choices for your situation. Call our offices now at (502) 812-1889 to schedule a consultation. We charge a flat fee for the initial consultation.